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Scottish Statutory Instruments

2016 No. 19

Environmental Protection

Water

The Water Environment (Remedial Measures) (Scotland) Regulations 2016

Made

13th January 2016

Laid before the Scottish Parliament

15th January 2016

Coming into force

1st April 2016

The Scottish Ministers make the following Regulations in exercise of the powers conferred by sections 20, 22 and 36(2) and (3) of, and Schedule 2A to, the Water Environment and Water Services (Scotland) Act 2003(1) and section 2(2) of the European Communities Act 1972(2) and all other powers enabling them to do so.

(1)

2003 asp 3. Section 22 was amended by section 109(1) of the Reservoirs (Scotland) Act 2011 (asp 9), and Schedule 2A was inserted by section 109(2) of that Act. Section 22(1) is also modified by S.I. 2004/99 to have effect as if the reference to ‘environmental objectives set out in river basin management plans’ included references to environmental objectives set out in any river basin management plan for the Solway Tweed River Basin District approved under S.I. 2004/99.

(2)

1972 c.68. Section 2(2) was amended by the Scotland Act 1998 (c. 46) (“the 1998 Act”), Schedule 8, paragraph 15(3) (which was amended by section 27(4) of the Legislative and Regulatory Reform Act 2006 (c.51) (“the 2006 Act”)). Section 2(2) was also amended by section 27(1)(a) of the 2006 Act and by the European Union (Amendment) Act 2008 (c.7), Schedule, Part 1. The functions conferred upon the Minister of the Crown under section 2(2), insofar as within devolved competence, were transferred to the Scottish Ministers by virtue of section 53 of the 1998 Act. Section 2(2) is cited to enable (so far as may be necessary to supplement the other powers cited) provision to be made in relation to a responsible authority for the purposes of implementing, or enabling the implementation of, obligations arising out of or under Directive 2000/60/EC of the European Parliament and of the Council establishing a framework for Community action in the field of water policy (OJ L 327, 22.12.2000, p.1), as amended by Decision No 2455/2001/EC (OJ L 331, 15.12.2001, p.1), Directive 2008/32/EC (OJ L 81, 20.3.2008, p.60), Directive 2008/105/EC (OJ L 348, 24.12.2008, p.84), Directive 2009/31/EC (OJ L 140, 5.6.2009, p.114) and Directive 2013/39/EU (OJ L 226, 24.8.2013, p.1) and for the purposes of dealing with matters arising out of or related to any such obligations.

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